The Republican journal. [volume] (Belfast, Me.) 1829-current, 1887-04-14

Section IL. When person indicted for an of.1
fence formerly capital and no. punishable by i'm =
prisonment at hard labor for life, lie put upon his
trial, the clerk under the direction OF the court,
shall place the names of all the traverse Jurors
summoned and in attendance, in a box upon aepar
ate tickets and the names, after being mixed shall
be drawn from the box by the clerk, one At a time
ior the purpose Of constituting Jury of trial All
peremptory challenges, except rs herein provided,
and all other challenges and objections to the Juror
drawn, shall be made and determined, and the u-
roy sworn or set aside. before another name is
DRAWN and so on until the panel is completed The
state shall not challenge more than five OF the iu
rors peremptory, and the person indicted shall not
Jurors While the panel is being formed bu. be
may, before the trial commences, challenge pc
remptorily two of the jurors from the panel The
supreme Judicial court may, by general rules pre-
scribe the mode of exercising The right of chal-
ienge from the panel in all criminal cases
Section G T. section fourteen Of chapter one iurl-
by amended, 60 as TO read as follows:
Section IA The clerk shall. without charge
furnish to any person indicted for crime punish
ahle ny imprisonment in the state prison, copy Of
the Indictment If he IL indicted for a crime pun
ishahle by Imprisonment in the state prison, for
life, he shall furnish copy of the Indictment a
list of the jurors returned, and process 20 obtain
witnesses, to be summoned and paid at the expense
OF the state; if for crime punishable by mprison-
inent Tor term OF years, Witnesses shall be sum
moned and paid at the expense of the state only at
the discretion Of the court. Competent counsel
shall be assigned by the court in cases formerly
capital and now punishable by imprisonment at
hard labor for life when it appears that the ac-
cused has not sufficient means 10 employ counsel
anu reasonable compensation. not exceeding one
hundred and fifty dollars in all at any one trial
shall be allowed by the court, TO be paid Of the
county treasury
Section s. Section twenty-one Of chapter ono
hundred and thirtyfour OF the revised statutes is
hereby amended go as to read as follows
Section 81 The following oath shall be admins
tered to jurors in cases formerly capital and nc
punished by imprisonment at hard labor for life:
You swear that you will well and truly try md true
deiiverance make between the state and the pris-
tEt flr AlR.I tt4.lt h.N.
cording to Your evidence So help you God" In
all other criminal cases, the following! "You
swear that you will well and truy try the issue be-
tweer the state and the defendant according to
your evidence So help you God" ANY Juror con
scentloasly scGupuious OF taking an oath may at
firm in the mode described in section three
Section g.. Section twenty four of chapter one
hundred and thirty four of the revised statutes is
hereby amended rs to read follows
Section "A. The trial of any criminal case ex.
'cept one formerly capital and punished by im-
prisofnent for life, may be postponed by the court
to future day of the same term, the jury may
be discharged therefrom, and the case continued.
II Justice will thereby be promoted
Section I. In the trial of All indictment for any
ofense formerly capital and now punished by i'm
prisopmen at hard labor for life the Judge presid-
ing shall at the expense of the county, en-
piooy suitable means to preserve accurate and
full copy OF the evidence; and in case of conve-
tlon he shall correct and certify such evidence to
be true copy Of all the evidence in the case.
Section 8 Whenever any convict sentenced to
imprisonment at hard labor for life, for all offence
committed after this act takes effect, which was
formerly capital, and is now made punishable nv
Imprisonment at hard labor for hie desires to OIL
tain pardon or a communication OF such sentence,
he may present written request to the justices of
the supreme Judicial court, IN term time or vaca-
ton. asking that application therefor be made to
the governor in his behalf, and he shall therein set
forth specifically, the grounds on which such APP
piicaton Tor pardon or Communication Of sentence is
requested and the facts which he expects to prove
in support of the same, together with the names
and residences of the witnesses by whom he en-
poets to prove such facts; and with such request
a of arab xxifp
and copy of all the evidence taken at the trial In
which he was convicted, as provided in the proceed.
Section g. If, upon examination of said request
and the afdavits herewith presented said justices
are OF the opinion that new and material evidence
has been discovered which not known, and
could not, by the use of due diligence have been
obtained at the time Of the trial, and which would
Tend eonclusively to show such convict innocent.
notwithstanding the evidence taken at the trial.
they shall appoint a time and place for hearing
thereon and order notice to be given to the attor-
neygenera and to the county attorney of the coun-
ty in which such convict was convicted, that they
may appear in behalf Of the state.
section TO- AT such hearing no evidence shall be
deemed pertinent, except such as has been discov-
cred since the trial and such relates to material
facts, tending to show that such convict was wrong
fully or erroneously convicted, that he ia inno-
Section H.: II, upon all the evidence, said Jus.
dces are Of the opinion that such convict was
rongfull convicted. or that he Is innocent of the
crime OF which he was convicted, and that an sp.
piicaton should be made for his pardon or for =
computation Of his sentence, they shall 30 order,
sna tnereapon the clerk of said court for the dis
fFict in which such hearing ia had, shall make up
record OF the proceedings had on such request and
transmit copy thereof, and Of all the papers in the
case 70 the governor, together with an application
to the governor made BY him. In behalf Of euch
person under the order and direction of said ius.
eces for such pardon or Communication of sentence.
section IL. On receipt Of such application, and
not otherwise, the governor may, With the advice
and consent Of the council. grant pardon or com.
mutation Of sentence. upon such conditions and
With such restri ctions and limitations a. NAV be
1ssnsd proper, and 70 carry The same into effect
who shsI serve and obey 1t.
. Sectio9 10. Such provis;ons shall be made for
sne clfs:ihcation and labor Of the convcts in state
degree shall ndt DO employed or in any way $3.50.
ctated with thoee convicted Of other onences
Section T. All Acts and parts Of acts incon,ist.,
e"' herewith are r,h hereby repealed; ..,,
Chasiss 49,,
AN ACT to provide for the Fortnightly Payment
He Il enacted, &C., as follow.
Section l. Every manufacturing, mining quar-.
rying, None-cutting mercantile, horse railroad tel.
egnPh; telephone and municipal corporation, and
any person OF urn engaged IN any Of the above
specified kinds Of business, having In their employ
more than ten persons, shal! pay fortnightIy Zach
wages earned 81 such emPioye to within eight days
Of the date Of aaid payment; provided, however.
that II q any tipe Of payment. any employe shalf
be aosenf from hs regular place Of labor. he shall
b entitled tosaid payment at any time thereafter
Session .. Any corporation violating any Of tho
Pfeynaons OF TIM act, shall be punished BY nne
on each complaint under which it 70 convicted, pro.
vided, complaint for such violation 10 made within
thirty days from the date thereof.
Complaint il msdn mnrier thia act H.;1s - I III. =